Jurisdiction Of Federal Court In Malaysia
Each is headed by a federal judge called the chief justice of the federal court president of the appeal court and chief judge of the high courts of malaya and sabah and sarawak respectively.
Jurisdiction of federal court in malaysia. Article iii provides that the judicial power shall extend to nine types of cases and controversies. The federal court malay. The jurisdiction to try all civil matters includes bankruptcy or winding up matters probates and administration of the estates of deceased persons where the amount in dispute exceeds rm250 000. Prior to 1985 the privy council was the final court of appeal for malaysia.
There are three courts with different jurisdiction within what is known as the superior court. Court structure and jurisdiction federal court background historical background hierarchy jurisdiction federal court judges chief justice former chief justice registry office of the federal court. Jurisdiction a appellate jurisdiction article 128 3 to determine appeals from the court of appeal and the high court. However the federal court also goes on circuit to the major towns of penang ipoh kota bharu johor bahru alor setar kuantan malacca kuching and kota kinabalu section 75 of the courts of judicature act 1964.
It is housed in the palace of justice in putrajaya. The court of appeal in malaysia was established in 1994 pursuant to article 121 1b of the federal constitution. Mahkamah persekutuan is the highest court within the hierarchy of legal jurisdictions in malaysia. The court was established during malaya s independence in 1957 and received its current name in 1994.
Consequently the supreme court was renamed the federal court. They are the federal court. Normally the federal court sits at the palace of justice in putrajaya. It was established under article 121 2 of the federal constitution.
All cases in law and equity arising under the constitution laws and treaties of. Federal court of malaysia istana kehakiman precint 3 62506. Thegeneraljurisdictionofthe syariahcourtis expressly provided for in the federal constitution under article 74 2 and list ii schedule 9. The highest court in the land the appeal court the high court of malaya and the high court of sabah and sarawak.
The jurisdiction of the federal courts has been defined by the constitution congressional statutes and decisions of the supreme court of the united states. Its decision binds all the courts below. It cannot be underboth. The court of appeal consists of the president of the court of appeal and ten 10 other judges.
Syariah courts have jurisdiction over islamiclawandpersonalandfamilylaw. The cause of action occurred within malaysia. Matter is either within the jurisdiction of the civil court or the syariah court. The federal court of malaysia malay.